File tax with non-residence spouse

[mono_it]

Hello all,
My spouse is a PR with SIN, but he is a non-residence for tax purpose. When I file my tax return, I know I will need to provide his information, including name and net income world wide. My questions are:
- For the field "Enter his or her SIN" under "Information about Your Spouse" section on the tax form, should I enter 000-000-000, or his actual SIN?
- If I enter the actual SIN, do I need to inform CRA that spouse is a non-residence? And where can I do that? I am planning to use a tax software.

Thanks in advance

 

[canuck78]

Hello all,
My spouse is a PR with SIN, but he is a non-residence for tax purpose. When I file my tax return, I know I will need to provide his information, including name and net income world wide. My questions are:
- For the field "Enter his or her SIN" under "Information about Your Spouse" section on the tax form, should I enter 000-000-000, or his actual SIN?
- If I enter the actual SIN, do I need to inform CRA that spouse is a non-residence? And where can I do that? I am planning to use a tax software.

Thanks in advance

If you are living in Canada your spouse is likely a resident for tax purposes and needs to file his taxes in Canada. A person can live outside Canada but if they have certain ties to Canada still remains a resident for tax purposes. You can live abroad and still have to pay Canadian taxes. Yes he needs to use his SIN on your taxes and his tax filings.

 

[mono_it]

If you are living in Canada your spouse is likely a resident for tax purposes and needs to file his taxes in Canada. A person can live outside Canada but if they have certain ties to Canada still remains a resident for tax purposes. You can live abroad and still have to pay Canadian taxes. Yes he needs to use his SIN on your taxes and his tax filings.

Thank you. He has been proved by CRA as a non-residence. And I found there is a check box in the tax software where you can indicate the status.

 

[canuck78]

Thank you. He has been proved by CRA as a non-residence. And I found there is a check box in the tax software where you can indicate the status.

Are you living in Canada? Were you living in Canada when he was determined to be a non resident for tax purposes? When one spouse is living in Canada that usually automatically makes you a resident for tax purposes.

 

[steaky]

Are you living in Canada? Were you living in Canada when he was determined to be a non resident for tax purposes? When one spouse is living in Canada that usually automatically makes you a resident for tax purposes.

In other words, it's sometimes not automatically makes someone a resident for tax purposes.

 

[canuck78]

In other words, it's sometimes not automatically makes someone a resident for tax purposes.

There are some very rare exceptions but most people don’t fit those rare exceptions. When a spouse may have asked CRA to determine whether they were a resident for tax purposes any whether they mentioned that their spouse is in Canada would have a big impact. Given that OP is stating that their spouse is a non resident for taxes purposes I am trying to figure out whether something may have been overlooked or there was an error since CRA is known to make many errors which is shocking it itself.

 

[BA_LEE]

Hello all,
My spouse is a PR with SIN, but he is a non-residence for tax purpose. When I file my tax return, I know I will need to provide his information, including name and net income world wide. My questions are:
- For the field "Enter his or her SIN" under "Information about Your Spouse" section on the tax form, should I enter 000-000-000, or his actual SIN?
- If I enter the actual SIN, do I need to inform CRA that spouse is a non-residence? And where can I do that? I am planning to use a tax software.

Thanks in advance

Hi. So I'm in a similar situation. What was ur situation wherein cra determined your husband was a no resident for tax purposes..

My situation is:
My husband and I landed in Canada in Feb 2022.
My husband went back to India after 2 weeks. He had only applied for a Ontario health card.
He worked in 2022 but in India he is considered as a non resident for taxes because he works on board a ship.

I stayed back and got a job. I also rented an apartment and had both our names listed on the rental agreement..

Would my husband be considered a resident for tax purposes for the year 2022?

 

[canuck78]

Hi. So I'm in a similar situation. What was ur situation wherein cra determined your husband was a no resident for tax purposes..

My situation is:
My husband and I landed in Canada in Feb 2022.
My husband went back to India after 2 weeks. He had only applied for a Ontario health card.
He worked in 2022 but in India he is considered as a non resident for taxes because he works on board a ship.

I stayed back and got a job. I also rented an apartment and had both our names listed on the rental agreement..

Would my husband be considered a resident for tax purposes for the year 2022?

He was not entitled to apply for an OHIP card because he wasn’t planning on meeting the RO to qualify for OHIP. Although he has a card that isn’t expired it actually isn’t valid and he will need to apply again when he returns to live in Ontario permanently or could be asked to repay any health services he uses. Yes he will likely be considered a tax resident if you have been living in Canada during 2022. There is a tax treaty with India so he won’t owe full taxes in India and in Canada. Normally you end up owing the balance of Taxes to Canada once Indian taxes has been subtracted but you’ll need to look up the specific tax treaty. You can verify with CRA to confirm his tax resident status but in general of you have a spouse or a dependent child living in Canada you are a tax resident and you must file Canadian taxes based on your international income while considering whether there is a tax treaty between Canada and the country where the person is working.

 

[BA_LEE]

He was not entitled to apply for an OHIP card because he wasn’t planning on meeting the RO to qualify for OHIP. Although he has a card that isn’t expired it actually isn’t valid and he will need to apply again when he returns to live in Ontario permanently or could be asked to repay any health services he uses. Yes he will likely be considered a tax resident if you have been living in Canada during 2022. There is a tax treaty with India so he won’t owe full taxes in India and in Canada. Normally you end up owing the balance of Taxes to Canada once Indian taxes has been subtracted but you’ll need to look up the specific tax treaty. You can verify with CRA to confirm his tax resident status but in general of you have a spouse or a dependent child living in Canada you are a tax resident and you must file Canadian taxes based on your international income while considering whether there is a tax treaty between Canada and the country where the person is working.

Thanks for responding. So I've been doing a lot of reading on cra sites and from what I've read yes my husband would be considered a resident of Canada for taxation... However there are various other clauses and sub clauses and tax treat tie breakers which could make an obvious resident status - such as in my spouse's case - into a non resident. And yes it was very confusing and tricky to understand since its written with a whole lot of legal jargons.
Anyway, I did consult a tax accountant in Canada who right of the bat said my husband won't have to file taxes for 2022 as he's a non resident. When I responded with what I had read on the cra site that my husband could be considered as a factual resident of Canada because of him establishing significant residential ties the tax agent said there are many more criterias that need to be considered and that my husband fulfills some and doesn't fulfill some others. So it's difficult to gauge his status. Honestly he seemed ticked off I guess. He then ended the conversation by saying it depends on me if I want to file my husband's taxes for 2022 or not.

 

[canuck78]

Thanks for responding. So I've been doing a lot of reading on cra sites and from what I've read yes my husband would be considered a resident of Canada for taxation... However there are various other clauses and sub clauses and tax treat tie breakers which could make an obvious resident status - such as in my spouse's case - into a non resident. And yes it was very confusing and tricky to understand since its written with a whole lot of legal jargons.
Anyway, I did consult a tax accountant in Canada who right of the bat said my husband won't have to file taxes for 2022 as he's a non resident. When I responded with what I had read on the cra site that my husband could be considered as a factual resident of Canada because of him establishing significant residential ties the tax agent said there are many more criterias that need to be considered and that my husband fulfills some and doesn't fulfill some others. So it's difficult to gauge his status. Honestly he seemed ticked off I guess. He then ended the conversation by saying it depends on me if I want to file my husband's taxes for 2022 or not.

You should contact CRA who will determine your husband’s tax residency status and then it will be in his records that CRA determined whether he was a tax resident or not. Then you have to deal with the tax treaty issue. Sometimes you still have to file the taxes even if you won’t end up owing taxes due to treaties.

 

[Rayu Mandvi]

Apologies for jumping in but if a Canadian PR is married to a non Canadian and also have a child then whether that Canadian PR is required to share information of his spouse and child to CRA in return?

And can he claim Child Tax Benefit with CRA although his child is not Canadian PR?

 

[UDON55fai]

Fairly certain this is a bit of a "grey area". In the process of filling out form NR74 which I will send to the CRA for them to make a determination on my own spouse's residency status. In past years didn't worry about this since she had no income; but this year she secured a work permit and has a SIN number.

 

[UDON55fai]

And to no one's surprise still waiting to hear back from the CRA after submitting form NR74 online which means I am unable at the moment to proceed with filing my taxes. Hopefully their timelines in addressing issues don't mirror the IRCC.